The Right Honourable Justin Trudeau, P.C., M.P. Prime Minister Office of the Prime Minister 80 Wellington Street Ottawa, on K1A 0A2
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The Right Honourable Justin Trudeau, P.C., M.P. Prime Minister Office of the Prime Minister 80 Wellington Street Ottawa, ON K1A 0A2 August 14, 2018 Re: Open Letter on the Right to Housing Dear Prime Minister Trudeau, On 22 November 2017 your government announced a national housing strategy based on its commitment to “progressively implement the right of every Canadian to access adequate housing.” Consultations held in recent months regarding the National Housing Strategy demonstrated a strong consensus that implementing legislation must explicitly recognize the right to housing as defined in international human rights law. Widespread homelessness and lack of access to adequate housing, in so affluent a country as Canada is clearly one of the most critical human rights issues facing all levels of government. Rights-based legislation must establish mechanisms for those affected to raise systemic issues regarding the progressive realization of the right to housing and ensure that governments will respond by implementing remedies. These mechanisms need not rely on courts but they must be effective. In addition, the legislation must require goals and timelines for the reduction and elimination of homelessness that are consistent with international human rights obligations to realize the right to housing within the shortest possible time based on available resources. It should ensure that Canada meets its commitments under the 2030 Agenda for Sustainable Development to eliminate homeless by 2030. It must also include measures to eliminate the deep disparities in access to adequate, affordable, safe, and secure housing for Indigenous peoples, women, members of racialized communities, persons with disabilities, trans and gender-diverse people, older adults, children and young people, migrants, refugees, asylum-seekers and stateless persons. Draft legislation has been developed by civil society and experts, demonstrating how this can be accomplished and we would welcome the opportunity to discuss it with you. We call on the government to ensure that the National Housing Strategy legislation: • affirms the recognition of the right to housing as a fundamental human right; • implements accountability mechanisms through which those affected by homelessness or inadequate housing can hold governments accountable for the progressive realization of the right to housing; • ensures that the Office of the Federal Housing Advocate and National Housing Council are independent, adequately resourced and given authority to make recommendations and require remedial action for compliance with the right to housing; • provides for an adjudication body which includes both experts in human rights and persons with lived experience of homelessness or inadequate housing, to hold accessible hearings into systemic issues affecting the progressive realization of the right to housing and to recommend effective remedies; • requires goals and timelines for the elimination of homelessness and access to adequate housing, in accordance with Canada’s obligations under international human rights law and commitments to the Sustainable Development Goals; • mandates rights-based participation by, and accountability to, diverse individuals and communities affected by homelessness and inadequate housing, in all NHS mechanisms including the Office of the Federal Housing Advocate, National Housing Council, adjudication body, and community initiatives; • provides resources and support for local lived-experienced-led monitoring of NHS programmes and for community initiatives to promote the right to adequate housing engaging all levels of government; • provides for initiatives to identify and address the distinctive barriers, needs and rights of Indigenous peoples, co-developed with Indigenous peoples’ organizations, as well as housing strategies for First Nations, Inuit, Métis Nation, and urban and rural Indigenous partners, negotiated on the basis of Inuit-to Crown, government-to-government, nation-to-nation relationships, to ensure the right to housing of Indigenous peoples both on and off reserve, in rural and urban settings, consistent with the Declaration on the Rights of Indigenous Peoples. The legislation implementing a rights-based national housing strategy provides an historic opportunity for the federal government to address, as a priority, a critical human rights issue at home and at the same time to provide leadership in human rights internationally. It is the first time that legislation implementing the right to housing has been contemplated in Canada, and it is critical that this be done right. We look forward to ongoing dialogue with the government in the coming weeks and months, as this important legislation is brought forward. Sincerely, Leilani Farha, UN Special Rapporteur on the Right to Adequate Housing Anita Khanna, Campaign 2000: End Child and Family Poverty in Canada Alex Neve, Amnesty International Canada Emily Paradis, Independent Researcher Bruce Porter, Social Rights Advocacy Centre Tim Richter, Canadian Alliance to End Homelessness CC The Honourable Andrew Scheer. P.C., M.P., Leader of the Official Opposition Mr. Jagmeet Singh, Leader of the New Democratic Party The Honourable Jean-Yves Duclos, P.C., M.P., Minister of Families, Children and Social Development Attachment SIGNATORIES Individuals 25. Leigh Chapman, RN, BScN, BA(Hons), MSc, PhD Candidate 1. Alex Himelfarb, Former Clerk of the Privy 26. Margot Young, Professor, UBC Law Council 27. Marie-Eve Desroches, PhD Candidate, Urban 2. Senator Art Eggleton, PC studies, Institut national de la recherche 3. Irwin Cotler, PC, OC scientifique 4. Claudette Bradshaw, PC, ONB 28. Marie-Neige Laperrière, Professeure de droit, 5. Kevin Page, Institute for Fiscal Studies and Sciences administratives, Université du Democracy; Former Parliamentary Budget Québec en Outaouais Officer 29. Martha Jackman, University of Ottawa 6. Mathieu Fleury, Ottawa City Councillor; Chair, 30. The Rev. Michael Shapcott, Deacon, Church of Ottawa Community Housing the Holy Trinity - Trinity Square 7. Matthew Green, Hamilton City Councillor, 31. Monia Mazigh, Author and Human Rights Ward 3 advocate 8. Naomi Klein, Author 32. Patricia Cavanagh, MD, FRCPC 9. Craig Kielburger, Social Entrepreneur 33. Penelope Simons, Professeure agrégée, 10. David Hulchanski, Professor, Factor- Université d'Ottawa, Faculty of Law Inwentash Faculty of Social Work, Dr Chow 34. Peter Rosenthal, Professor Emeritus of Yei Ching Chair in Housing, University of Mathematics, Adjunct Professor of Law, Toronto University of Toronto 11. Mitchell Cohen, Daniels Corporation 35. Pieter de Vos, Adjunct Professor, Faculty of 12. Alexis L. Wood, Director/Producer Nursing, University of Alberta 13. Andrew J. Bond, MD, MHA(c), CCFP, Inner City 36. Richard J. Doan, MD, FRCPC, Inner City Health Health Associates Associates; Assistant Clinical Professor of 14. Anne Latendresse, Directrice des programmes Psychiatry, University of Toronto de premier cycle, Département de 37. Roxie Danielson, RN, BScN, Innercity Family géographie, UQAM Health Team 15. Antoinette Wertman Hon BSc., MD, Inner City 38. Samer Muscati, International Human Rights Health Associates, St. Michaels Hospital, Program, Faculty of Law, University of Toronto Toronto 16. Rabbi Emeritus Arthur Bielfeld, C.M., Temple 39. Susan Woolhouse, MD, MClSc, CCFP, FCFP, Emanu-El Family Physician, Inner City Health Associates 17. Cathy Crowe, C.M., Street Nurse, 40. Vince Calderhead, Pink Larkin Lawyers Distinguished Visiting Practitioner, Ryerson University National and International Organizations 18. David Wiseman, Associate Professor, University of Ottawa, Faculty of Law, 41. A Way Home Canada, Melanie Redman, Common Law Section President and CEO 19. Deborah Pink, MD, FRCPC, Psychiatrist, Inner 42. Access Alliance Multicultural Health and City Health Associates Community Services, Ranjith Kulatilake 20. Deborah Sinclair, MSW, PhD(c), RSW, 43. ACORN Canada, Judy Duncan University of Toronto 44. Action Canada for Sexual Health and Rights, 21. Elvin Wyly, Professor, The University of British Sandeep Prasad Columbia 45. Amnesty International, Alex Neve 22. Gary Bloch MD CCFP, University of Toronto 46. Amnistie internationale, Genevieve Paul 23. Janet Mosher, Professor, Faculty of Law, York 47. Campaign 2000: End Child and Family Poverty University in Canada, Anita Khanna 24. Laila Jamal, MD, FRCP (C), Inner City Health 48. Canada Without Poverty, Harriett McLachlan, Associates Deputy Director SIGNATORIES 49. Canadian Alliance to End Homelessness, Tim 76. Right to Housing Coalition Richter 77. Social Rights Advocacy Centre, Bruce Porter 50. Canadian Centre for Gender and Sexual 78. The Leap, Bianca Mugyenyi, Co-Executive Diversity (CCGSD), Jeremy Dias Director 51. Canadian Centre for Policy Alternatives, Gauri 79. UNICEF Canada, Lisa Wolff Sreenivasan 80. United Church of Canada 52. Canadian Coalition Against LGBTQ2S+ 81. United Way / Centraide Canada, Dan Poverty, Lori Ross Clement, President and CEO 53. Canadian Coalition for the Rights of Children, 82. Women's Shelters Canada, Lise Martin Kathy Vandergrift 83. YMCA Canada, Peter Dinsdale, O.Ont., 54. Canadian Housing and Renewal Association, President and CEO Jeff Morrison 84. YWCA Canada, Maya Roy, CEO; Anjum 55. Canadian Lived Experience Advisory Council, Sultana, MPH Debbie McGraw 56. Canadian Medical Association, Dr. Laurent Provincial and Territorial Organizations Marcoux, President 57. Canadian Mental Health Association Interlake 85. Advocacy Centre for Tenants